word of evidence had been heard for or against to effect the object of the present resolution, the accused; before his trial had commenced; which was merely, that a fair, candid, and imbefore he had been brought to the bar of this partial trial should be secured to the party acHouse this statement had gone forth, calculat-cused. It was to prevent the public mind from ed to inflame the public mind against the ac- being prejudiced against him, and to provide cused, as much as any statement he, (Mr. P.,) that, as he was to be tried for what was justly had ever seen; and, if any statement could ope- considered a high and grave offence, an alleged rate unfavorably on that body against him, as breach of the privileges of the House of Repre much calculated so to operate as any which sentatives, he should be allowed to stand before could have been devised. On the very morn- them on the merits of the case alone, without ing of the publication alluded to, and whilst the having his case, in a manner, prejudged, or accused stood in the situation to which he had his character injured by exparte statements. adverted, a subscription paper had been hand- The House was called upon to perform a soed round that hall, proposing to publish an ex- lemn constitutional duty, and if, in this trial, it tra number of the paper in question. It was had not the power to regulate its own proceednot described as containing that inflammatory ings, so as to arrive at their due end, the adparagraph. Its caption professed it to contain ministration of impartial justice, it was a prostithe debate and proceedings in the case of tution of law and justice to bring an individual Houston, and a letter from Judge Brackenridge before them. If, upon a charge against a party, to General Jackson. This subscription paper they should see in the papers of the morning, had been presented to him, (Mr. P.,) but he at details of alleged facts, letters and other inforonce refused to subscribe; he had the paper mation professing to prove the moral guilt of long enough however to perceive that one gen- the party, before an examination into his case tleman had subscribed for 300 copies; who that was even commenced-and if an innocent man gentleman was he could not say, so little atten- should be dragged to their bar for conviction tion did he give to the paper. Whilst then on charges which these statements went to supthey were sitting there, engaged in the protec-port, he asked whether, if they convicted him tion of one privilege, by means of the abuse of without taking the proper steps to ensure him another privilege-and it was a privilege as a fair trial, they might not justly be reproached much abused as any-he meant the franking as ancillary to it as a party to the conviction of privilege-this inflammatory article, calculated the innocent, than which no fouler stain could to prejudice the public mind against the accus- rest upon any public tribunal?

ed, and to shake them from the poise of impar- He proceeded to observe, that this was a tiality as jurors, was sent forth on the wings of mere precautionary or admonitory step. The the wind, to the uttermost corners of this great House was not necessarily bound to suppose empire. He would ask them if it was not the there would be cause for their action upon it. duty of that House to arrest and prevent the Still even, he would say in reply to the question continuance of the evil? If it were as clear to of the gentleman from Georgia, (Mr. WAYNE,) as him as it seemed to be to others, that the House to whether they would consume the time of the had a jurisdiction and a right to punish in such House by trying the printers, &c. for contempt; cases as that of Houston, or in such cases as this, he would reply to this, he said, that if such prohe should think it necessary to move the insti- ceedings should be necessary, it was their intution of a proceeding, similar in its nature and cumbent duty to enter into it, without regard purposes to that which the House had adopted to the consumption of time. He adverted again in the former case. It was not his intention, to the measure being merly an admonitory one, however, to do so. He merely wished the pro-and concluded by expressing a hope that the ceedings of the House to be conducted in a resolution would be adopted.

way that would give the accused the benefit of Mr. M DUFFIE looked upon the resolution a fair trial. He thought the individuals alluded as a mere notice and as nothing more, that the to in his resolution, bound to refrain from the course it prohibited; but at the same time he wished the House to give them a solemn warning that they must do so.

House did not expect the proceedings to be published pending the trial. With regard to the power of the House to punish for contempt he conceived their could be no doubt, but he Mr. DRAYTON said, the power of the House greatly doubted the expediency of prohibiting to carry this resolution into effect, was as un- the publication of what took place publicly be doubted as any other power which it possessed, fore them, or of acting upon this resolution in however the expediency of exercising it in the the event of its adoption. He regsetted the remanner proposed by the resolution might be marks which had fallen from the gentleman questioned. It was derived from that article of from Virginia, in introducing his resolution— the Constitution, which gave each House the they were not of a conciliatory temper. He power to direct the manner of its own proceed- (Mr. M'D.) had not seen the publication alluings. Congress was authorized to exclude from ded to, but he apprehended that the comments the knowledge of the public, what took place which it contained on this matter, were pub in either of its branches, if it be judged of suf- lished before the House was sitting as a judicial ficient importance to the public service that se-tribunal.

cresy should be observed. If they were em- Mr. PATTON said, the gentleman from S. powered to do this in extraordinary emergen-Carolina, (Mr. MCDUFFIE,) labored under a cies, why should they not also have the power mistake. The publication appeared the day

before yesterday, after the accused party was in thereon, a prejudicial effect on the mind of juthe custody of the House. His, (Mr. P.'s) mo- rors; but he had never heard that it was an obúves, he observed, had been correctly stated ject to prevent such an effect on the mind of by his friend from South Carolina, (Mr. DRAY- the Judges. Now, he would ask the House, in TON.) He had intended the resolution only as a what situation they were to be regarded in this motive of warning. The gentleman from S. case. Was it as jurors, or was it as judges. It Carolina, (Mr. MCDUFEIE,) was in error, also, appeared to him as the latter. For these when he rebuked him for introducing the reso- reasons he must object to the gentleman's resolution, with remarks which he considered not lution. conciliatory. He had used these remarks only Mr. WAYNE said, he did not rise now to enwhen called on by the gentleman from Massa- ter into any protracted discussion of the point. chusetts to sustain his resolution. He had an- He would make but a few remarks on the resoswered that call as he had proposed the resolu- lution offered to the House. If they had the tion, with a view of preventing a repetition of power to punish, in the case to which it refersuch publications as these he complained of. red, that resolution could not extend that powMr. DAVIS said, he had but a single remark er; if they had not the power, under the constito make. He did not doubt the right of the tution, then the resolution ought not to be gentleman from Virginia to offer his resolution, made. For his own part, he (Mr. W.) must or the power of the House to adopt it; but he utterly deny that the House had such power. It would ask the gentleman if he supposed that a could not be founded in the constitution, nor in resolution of admonition to the presses of the any analogy to the power of the courts in cases land, to abstain from publishing these proceed- of contempt, nor in the parliamentary proceedings, would, in effect, change or modify the ings of Great Britain. The reporters, it should laws of the land-whether if, in this city, or be recollected, were not officers of that House; elsewhere, a person should disregard this ad- and in this, it appeared to him, the mistake of monition, they would be amenable to the the analogy which had been drawn, as to the House, and punishable under this resolu- powers possessed by the courts, those powers, tion? If it was meant as a mere admonition, it was contemplated, should be confined by the that persons must be on their guard against courts to their own officers, or to the publicasinning in this respect, it was well enough, but tion of matters which were calculated to excite he could not readily believe it could have the public feeling, or by which jurors might have effect of changing or extending the laws of the their minds unduly influenced; but, as the genland upon the subject to which it related. tleman from Georgia had remarked, they were Mr. WILDE said, it seemed to him a consti- not sitting there in the character of jurors, but tutional right, as important as the freedom of in that of judges. If the resolution were to be debate, that persons should be allowed to ex-adopted, it would be out of an intention of tenpress their sentiments in an article of a newspa- derness to the accused-and, he thought he had per; and he thought that, whilst endeavoring to shown, since the commencement of this proprotect that privilege of debate, they ought to ceeding, that he possessed no other feelings take care they did not violate another of equal towards that party-but, he believed, the adopconsequence. He (Mr. W.) was not prepared tion of such a resolution would tend rather to to say that, if the House should adopt this reso-his injury than his benefit. All that would be lution, and a reporter or printer should, not-published would be the questions and answers; withstanding, publish these proceedings, that and what, he would ask, could be the harm of it would be an infringement of the constitution- that, when their galleries were filled with hunal privileges of that House, if it would be so, dreds, listening to their proceedings, who were it was in consequence of certain privileges be- at liberty to write down whatever they heard, ing granted by the constitution, and not from and to publish it if they thought proper. If any additional right accruing to them from that the reporters were not allowed to report these resolution, The honorable member from S. proceedings whilst sitting in the seats assigned Carolina had conceived that there would be a to them on that floor, all they would have to do defect of power in the House to punish such would be to walk up into the galleries. Mr. an offence. If so, the resolution ought not to W. concluded by saying that, if he stood alone, be adopted, inasmuch as they ought not to he would give his single vote against this resolumake an order which they were not prepared tion.

to enforce. The liberty of the press was of the Mr. WAYNE was about to move to lay in on
first importance to this country; for his own the table, when

part, so strong was his respect and attachment Mr. ARCHER said he did not rise with a view
to that liberty, that where liberties had been of engaging in the debate. He wished, on the
taken by it with himself-where even the last contrary, to repress a discussion which he saw
liberty had been taken of making him spea would consume the whole day, unless it could
nonsense in his own proper person-he had be now stopped. He suggested to his colleague,
freely forgiven it. Mr. W. then proceeded to (Mr. PATTON,) to withdraw the resolution.
state the reasons for which, in some cases, it Mr.DRAYTON strongly replied to Mr. WAYNE,
had been found necessary by the courts to pro-and in the course of his remarks, observed that
hibit the publication of proceedings pending a no one more highly prized the liberty of the
trial One great object was to prevent the press than himself. He proposed to the gen-
having, from comments which might be made tleman from Virginia, to modify his resolution so

ngs.

as to make it express the opinion of the House, beat the said Stanbery as he has represented in as to the impropriety of publishing the proceed- the letter which has been read. He admits that he felt great indignation on Mr. PATTON accepted of the modification reading in the National Intelligencer, remarks of the gentleman from South Carolina, (Mr. there stated to have been made on the floor of DRAYTON.) He wished to answer the objec- the House of Representatives by the said Stantion made to his resolution-that it would in- bery, imputing to the accused, by name, a gross fringe the liberty of the press. Did not the offence of which he knew himself to be innoshield of the constitution extend to courts just cent, and the dissemination of which throughas well as the press? Were not the liberty and out the country, by such publication, was right of the citizen secured by it with a sanction evidently calculated to affect his honor and as sacred as the freedom of the press? And yet, character. Under these circumstances, the gentlemen who talked of the freedom of the accused was induced to inquire of said Stanbery, press, had no hesitatation to infringe on the in a respectful note, whether the report of what right of the citizen, by aiding in the spread of a he had said was truly set forth in said paper?— publication so improper he had at one time To which inquiry, thus made, said Stanbery thought it unlawful as that to which he had al- refused to give any answer, in a manner calculuded. He trusted he had as sacred a regard lated still further to injure the accused. The for the freedom of the press, as any man within accused admits that he was greatly excited by the sound of his voice, or within the broad lim- these provocations, and that under the influence its of this empire. At the request of many of feelings thus excited, he did, on accidentally friends, he would accept the modification offer- meeting the said Stanbery, assault and beat ed, having no other wish than that the House him, the accused being unarmed with any other should express its opinion on the subject. weapon than a common walking cane, and Mr. PATTON subsequently expressed his believing the said Stanbery to be, as he in fact willingness to withdraw the resolution, and it was, armed with pistols-that the meeting took was accordingly withdrawn. place several hours after the adjournment of Precisely at one o'clock, Mr. Houston, at- Congress, about 8 o'clock in the evening, on tended by the Sergeant-at-Arms, and accompa- Pennsylvania Avenue, and nearly half a mile nied by his counsel, Francis S. Key, Esq. was from the Capitol, and on the opposite side of brought to the bar of the House. the Avenue from where Mr. Stanbery's board

The SPEAKER said, Samuel Houston, are ing-house is situated; and that, at the time of you now prepared to proceed to your trial? this occurrence, he was neither seeking for, nor expecting to see the said Stanbery.

SAMUEL HOUSTON.-I am.

The SPEAKER.-The letter of Mr. Stanberry will now be read to you, and I will then proceed to put the interrogations ordered by the

House.

The accused denies that he intended to com mit, or that he believed he was committing, any contempt towards the House of Representatives, or any breach of its privilege, or the privilege of A paper was then presented by the accused, any of its members. He denies that the act protesting against the jurisdiction of the House, complained of constitutes any such contempt or as a preliminary step.

breach of privilege, and is prepared to justify his conduct, so far at least as the rights and privileges of this House and its members are concerned, by proof.

The counsel for the accused requested leave to submit a motion that inasmuch as one of the members of the House had formed, expressed, and publicly declared an opinion upon the case, he should not be permitted to pronounce upon torythe decision of the case.

The SPEAKER then put the second interroga

"Do you admit or deny that the same assault At the request of Mr. CLAY, of Alabama, and beating were done for and on account of the paper was again read by the Clerk of the words spoken by said Stanbery, in the House of House.

On the motion of Mr. WAYNE, leave was granted for the motion to be made.

Representatives, in debate?"

The accused replied, that his answer to the first interrogatory was as full and complete as any in his power to give.

He was then conducted from the bar; and on motion of Mr. DAVIS, of Massachusetts, further proceedings in the trial were postponed till

A discussion of some length arose upon the legality and constitutionality of challenging one of the court, which was closed at length by leave being granted to withdraw the notice, and it was accordingly withdrawn by the coun- to-morrow. sel for the accused.

The SPEAKER then put the first interrogatory.

Mr. DAVIS of Massachusetts was, on motion, excused from serving further on the Committee to conduct the trial; and the Committee was Do you admit or deny that you assaulted and further instructed to search for precedents. beat the said Stanbery, as he has represented On motion of Mr. DODDRIDGE, to-morrow in the letter which has been read, a copy of week was assigned for the consideration of the which has been delivered to you by the order business of the District of Columbia. of the House?

Mr. HOUSTON-My Counsel will respond.
Mr. KEY, the Counsel, then read as follows:
The accused denies that "he assaulted and

Some conversation took place on a motion of Mr. POLK, for the appointment of a person under the report of the Committee of Privileges, to write down the testimony.

Mr. DAVIS, of Massachusetts moved, that the resolution, inasmuch as each House had a Joseph Gales, Jun., Esq., be appointed as ste- right, under that instrument, to lay down rules nographer, or some other suitable person, to for its own proceeding. He was convinced the take down the testimony in the case. resolution would have a salutary effect.

The motion was agreed to.

Mr. JEWETT demanded the yeas and nays,

Mr. CONNER offered a resolution, providing and they were ordered. for the admission of Samuel Houston to bail on Mr. MCKENNAN supported the resolution. giving sufficient security for his appearance, The House had already adopted several rules, from day to day, and from time to time, at the restraining, in some cases, the liberty of membar of House until the termination of his trial. Upon this motion a debate ensued, but before the question was disposed of The House adjourned.

FRIDAY, APRIL 20.

bers in addressing the House. The rules adopted by the House for this very trial were liable to the same objection; in which, however, he saw very little force.

Mr. BATES, of Maine, took the same view. The experience of yesterday had shown that it Mr. CLAY, of Alabama, moved the follow-was only necessary for the counsel of the reing as a rule to be observed in the farther trial spondent to throw some bone of contention inof Samuel Houston: to the House, and a whole day would be lost in Resolved, That in the further prosecution of debate. At this rate they were likely to sit till the trial of Samuel Houston, the examination of midsummer.

witnesses, and the discussion of questions aris- Mr. WICKLIFFE moved to lay the resolution ing out of testimony, shall be confined to the on the table.

committee appointed to conduct the examina- On that question Mr. McKENNAN demandtion on the part of the House, and to the coun-ed the yeas and nays, but the House refused to sel of the accused, but any member may pro- order them; and the motion was then carriedpose questions in writing through the commit- ayes 80, noes 52. So the resolution was laid on the table.

tee."

Mr. CLAY supported his resolution by a few brief remarks on the consumption of time which had occurred and the tendency of this rule to prevent it.

Mr. ADAMS again offered the following resolution, which he had yesterday withdrawn: Resolved, That a select committee be appointed in the case of the trial of Samuel Houston, Mr. DODDRIDGE suggested a modification for a breach of the privileges of this House, to of the resolution, the object of which he highly examine the precedents in cases of contempts approved. He said that thirty-five members had and breaches of privilege, and report thereon yesterday spoken, and most of them had ad-from time to time to the House. dressed the House more than once, some of His object, Mr. A. said, was to save time, and them four or five times. he hoped that such would be the result. was, he believed, the usual process in all Parliamentary proceedings of this kind.

It

Mr. JEWETT proposed to amend the rule so as to confine its operation to those thirty-five members: he believed if those gentlemen should Mr. ELLSWORTH wished the resolution be kept silent, there would be little need of made more definite. No committee of five withgagging the rest of the House. in the time this trial would probably continue, could examine the whole body of existing precedents.

After some conversation, Mr. J. consented to withdraw his amendment.

Mr. COULTER rose to correct a misappreMr. HUNTINGTON moved to amend the hension with respect to the duties of the Com-resolution by striking out "the Committee of mittee of Privileges. They had been spoken Privileges," and inserting "a Select Commitof in some of the reports, and elsewhere, as tee." though they had been appointed to manage the Mr. ADAMS accepted of this as a modificatrial on the part of the House. The committee tion. His intention had not been that the comdid not so understand the resolution under mittee should examine the whole body of Parwhich they acted. They were appointed only liamentary precedents, but only such as related to examine the witnesses, and they had confined to the questions which might be expected to themselves to that duty alone. They had not arise in a proceeding of this kind, so as to be consulted with the complainant, or with any prepared to meet them as they might occur other person they did not even know what from day to day. As he was upon two commitwitnesses were to be produced, or what facts it tees already, he hoped the SPEAKER would exwas intended to prove. cuse him from serving on the committee he had

Mr. CRAIG opposed Mr. CLAY's motion, as proposed. being without any warrant in the Constitution, Mr. HALL, of N. C., could see no practical and against the genius of our Government. The utility in adopting the resolution. The memonly gag he would ever cheerfully wear, was bers would have as much time to consult prethat imposed by his own discretion. cedents as such a committee could have; and

Mr. COKE admitted and deplored the evil of could as well judge how far they applied. much speaking, but thought that, great as it These precedents, when consulted, could be of was, a less evil than the remedy proposed by no obligation on the House; and as to those his colleague. in our own history, there were but two or three

Mr. CLAY defended the constitutionality of of them.

Mr. LECOMPTE was opposed to the resolution, as unnecessary. The case was novel, and common sense would be a sufficient guide. He moved to lay the resolution on the table, which motion prevailed-Ayes 62, Noes 49. So the resolution was laid on the table. Mr. PLUMMER resumed his discussion on the subject of the Wiscasset Collector, which he continued until the expiration of the hour. Mr. Houston was now again placed at the bar of the House.

The interrogatory of the counsel was then again put to the witness; who had proceeded but a few moments, when

Mr. WAYNE objected to his being allowed to proceed.

Mr. WAYNE being called on by the CHAIR to state the ground of his objection, withdrew it, having made it under a misapprehension of the terms of the question.

The witness having gone a sentence further in his testimony

Mr. STANBERY requested that his testimo- Mr.JEWETT objected to his being permitted ny, as yesterday recorded, might be again read to proceed. It was not competent to a witness to him, as he wished to correct one part of it, to declare his opinion as to facts. Whether a which, on reflection, he believed to be not quite certain transaction, in which the President and accurate. He then stated that his first impres- late Secretary of War were said to be involved, sion had been, that he had been knocked down did or did not amount to a fraud, was a matter by the club of his assailant, on the first, or se- of opinion, and wholly irrelevant as testimony. cond blow; but, from finding some of his wast- Mr. WAYNE explained. He had made his coat buttons gone, and his shirt bosom torn, he former objection under a misapprehension, was induced to believe that he might have been having at the moment forgotten that the House thrown down in the scuffle. had sanctioned the interrogatory. He disclaimMr. KEY explained the nature of the motion ed any thing like concert with the gentleman he had yesterday made. It was not leave abso- from New York, in the interruption of the witlutely to withdraw the interrogatory he had of-ness, and was in favor of his being permitted to fered; but to substitute another in such a form as to obviate the difficulty which had arisen. The SPEAKER now put the question on the motion of the respondent's counsel, which, after a remark or two by Mr. WICKLIFFE, and Mr. BEARDSLEY, was, on motion of Mr. HUNT, laid upon the table-Ayes 86, Noes 69. The question then recurring on the motion of Mr. ARCHER, as modified, viz:

That "the House consider the interrogatory as having been sufficiently answered."

proceed.

The question being whether the witness should be allowed to proceed

Mr. VANCE demanded the yeas and nays, which were ordered.

After some further remarks from Mr. JEWETT, and a disclaimer, by Mr. STANBERY, of all intention to acquit the respondent of fraud.

Mr. ALEXANDER moved for a reconsideration of the vote of the House permitting the interrogatory to which the witness was now answering, to be put.

Mr. McDUFFIE warmly remonstrated against stopping the witness from completing his an- The question of reconsideration was argued swer in whatever manner he might deem neces- by Messrs. JEWETT! DODDRIDGE, Mcsary to vindicate his character. He considered DUFFIE, BURGES, BOULDIN, PATTON, & it a monstrous proceeding, and hoped that the SUTHERLAND, in very animated speeches. gentleman from Virginia would consent to with- Mr. STEWART, of Penn., moved the predraw his motion. vious question.

Mr. ARCHER did not admit that there was The House sustained the motion; the previous any thing irregular or "monstrous" in the pro- question was put and carried; and the main position he had made. On the contrary, it was question being on the reconsideration- . absurd to require the witness to state evidence Mr. H. EVERETT demanded the yeas and in support of an imputation which he disclaimed nays, which were ordered; and, being taken, having made. But, as the gentleman from stood as follows-yeas, 62-hays, 114. Ohio might perhaps consider it a hardship not Mr. STANBERY, at his own request, was. to be allowed to preceed, Mr. A. would consent excused from voting, to withdraw his motion.

Mr. BEARDSLEY, after commenting upon Mr. VANCE said that his colleague had been the interrogatory, was going into an argument misunderstood: he had never admitted that he to show the impropriety of requiring the witheld the respondent guiltless of fraud: he had ness to produce evidence of an imputation which only meant to say that what he had uttered in he denied, when he was called to order by the House was not directed at the respondent Mr. FELDER, as arguing a question which as the object of attack. He had referred to a had been twice settled by a vote of the House. fraud contemplated by the late Secretary of Mr. BEARDSLEY then moved that the witWar, but could not certainly tell whether the ness be precluded from stating his belief of any respondent was in it or not. He had never dis-fraud having been committed by Gen. Houston, avowed a belief that General Houston was guil- he having disclaimed the intention of imputing ty of a fraud. fraud to him in his printed speech.

Mr. ARCHER said, that he would withdraw his motion for the present, and wait to see whether the witness in his testimony should charge any other fraud than that which was then in issue: in which case he should object to his proceeding further.

Mr. WICKLIFFE said, this was not the question the gentleman had argued. He hoped the question would be taken without debate.

Mr. MERCER inquired whether it would be in order to move the question of consideration? The CHAIR replied in the negative; when